Part 10Transfers

Part 10—Transfers 96—Transfers (1) If— (a) land is intended to be transferred; or (b) a right‑of‑way or other easement is intended to be created or transferred, the transferor and the transferee must execute a transfer in the appropriate form to be lodged for registration in the Lands Titles Registration Office. (2) A transfer must include— (a) a description of the land intended to be dealt with (either by reference to the certificate of title for the land or by the inclusion of a description that clearly identifies the land); and (b) an accurate statement of the estate or interest intended to be transferred or created; and (c) a statement indicating that— (i) the transferee; or (ii) if the transferee is a child or a mentally incapacitated person (within the meaning of the Guardianship and Administration Act 1993)—the transferee's guardian or the administrator of his or her estate, accepts the transfer or grant of the land, right‑of‑way or easement. (3) Acceptance under this section of a transfer on behalf of a child does not affect any right of the child, or any person on the child's behalf, to avoid or disclaim the transfer. 96AA—Creation of easements by reservation An easement may be created on the transfer under this Act of an estate of freehold or the granting of an estate of leasehold under this Act by reservation of the easement to the transferor or lessor in the instrument of transfer or the lease. 97—Transferee of land subject to mortgage or encumbrance to indemnify transferor In every instrument transferring land mortgaged or encumbered there shall be implied the following covenant by the transferee with the transferor, and so long as such transferee shall remain the registered proprietor, with the mortgagee or encumbrancee, that is to say—That the transferee will pay the principal, interest, and other moneys secured by such mortgage or encumbrance, after the rate and at the time or times specified therein, and will indemnify and keep harmless the transferor from and against such principal, interest, and other moneys and from and against all liability in respect of any of the covenants contained in such mortgage or encumbrance or by this Act implied on the part of the transferor. 102—Memorial of order for sale of land for non-payment of rates Whenever the Court or a Judge under the powers conferred by the Local Government Act 1934 or any Act or Acts amending the same, or any other Act, shall have made an order for the sale of any land under the provisions of this Act, the Registrar-General shall, upon being served with a copy of the order, mark thereon the time of such service, and shall enter a memorial thereof in the Register Book, which shall operate as a caveat against alienation other than in pursuance of such order while the same remains in force. 103—Registration of transfer hereunder Upon the production of a transfer of the land duly executed in pursuance of any such order, the Registrar-General must register such transfer, and enter on the certificate a memorandum cancelling the same either wholly or partially, as the case may require, and shall issue to the transferee a certificate of the land comprised in such transfer, free from all encumbrances, charges, exceptions, qualifications, and conditions whatsoever other than those mentioned in the transfer. 104—Discharge of memorial In any such case, if only a portion of the land comprised in any certificate has been sold, and the whole of the arrears of rates, interest, and costs appear to be satisfied by the sale of the land transferred, a statement to that effect shall be appended to the transfer, signed by the Master or other officer of the Court acting in that behalf; and thereupon the Registrar-General shall make an entry on the partially cancelled certificate in the Register Book, discharging the memorial of the order entered thereon. 105—Sale under writ of fieri facias or decree, warrant or order of court No execution issued prior to or after the passing of this Act shall bind, charge, or affect any land, but the Registrar-General shall, on being served with a copy of any writ or warrant of execution against land, or of any decree or order (other than an order for sale for non-payment of rates) affecting land issued out of or made by the Court, or any Court of insolvency or other Court of competent jurisdiction, accompanied by a statement signed by any party interested, or by the party's attorney, solicitor, or agent, specifying the land sought to be affected thereby, mark upon such copy the time of such service, and shall enter a memorial of such writ, warrant, decree, or order on the certificate, which shall operate as a caveat against alienation other than in pursuance of such writ, warrant, decree, or order, while the same remains in force. 106—Transfer not to be valid against purchaser until entry of writ Until such service and entry no sale or transfer under any such decree, order, writ, or warrant shall be valid as against a purchaser for valuable consideration, notwithstanding the purchaser had actual or constructive notice of such decree, order, writ or warrant. 107—Transfer on sale under writ, warrant, decree or order After any land so specified as aforesaid shall have been sold under any writ, warrant, decree, or order, the Registrar-General, on receiving a transfer thereof in the appropriate form, shall, subject to the provisions hereinafter contained, register such transfer, and on registration the purchaser shall be deemed the transferee and registered proprietor of the land so sold; and every sale under any such writ, warrant, decree, or order shall take priority over and be effectual as against any other dealing affecting such land, entered into or transacted after the service of the writ, warrant, decree, or order, and the entry thereof on the certificate. 109—Satisfaction of writ, warrant, decree, or order The Registrar-General shall, upon production to him of sufficient evidence of the satisfaction of any such decree, order, writ, or warrant as aforesaid, cause an entry of such satisfaction to be made in the Register Book, and on such entry such writ, warrant, decree, or order shall be deemed to be satisfied. 110—Lapse of writ, decree, warrant, or order Every decree, order, writ, or warrant of execution shall cease to bind, charge, or affect any land, unless a transfer upon a sale under such writ, warrant, decree, or order shall be presented for registration within six months from the day on which the copy was served, or within such extended time as the Court shall order. 111—Transfer by registered proprietor to spouse etc The registered proprietor of any estate or interest in land may transfer such estate or interest, or any part thereof, to the spouse of such registered proprietor, or to such registered proprietor, and any other person or persons as joint tenants or tenants in common, and may limit any estates by remainder or otherwise, without limiting any use, or executing any re-assignment; and upon the registration of any such transfer the estate or interest thereby dealt with or transferred shall vest in the transferee or transferees, according to the intent and meaning appearing in and expressed by such instrument. 115A—Issue of certificate where land is vested by operation of law Despite anything in this Act or any other Act or law, if the Registrar‑General is satisfied that an estate or interest in land has become vested in a person by operation of an Act, the Registrar‑General may (whether or not an appropriate application has been made by that person)— (a) in the case of land under the provisions of this Act—without the execution or production of any instrument or document whatsoever, register the person as the proprietor of that estate or interest in the land and enter on the certificate of title a memorial of the vesting of the estate or interest; or (b) in the case of land not under the provisions of this Act—without the execution or production of any instrument or document whatsoever, bring the land under the provisions of this Act, register the person as the proprietor of that estate or interest in the land and issue a certificate of title on which has been entered a memorial of the vesting of the estate or interest.